Wackenhut Corp. v. Eastern Airlines, Inc.

District Court of Appeal of Florida

Wackenhut Corp. v. Eastern Airlines, Inc.

581 So. 2d 999, 1991 Fla. App. LEXIS 6142, 1991 WL 116855

CourtDistrict Court of Appeal of Florida

DecidedJuly 2, 1991

DocketNo. 90-871

StatusPublished

This text of 581 So. 2d 999 (Wackenhut Corp. v. Eastern Airlines, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wackenhut Corp. v. Eastern Airlines, Inc., 581 So. 2d 999, 1991 Fla. App. LEXIS 6142, 1991 WL 116855 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

Wackenhut appeals from an order dismissing its counterclaim with prejudice.

We affirm the order of dismissal but hold that the dismissal should have been without prejudice to permit Wackenhut to exercise any rights it may have in a direct action against the real party in interest or against Eastern Airlines in a bankruptcy court. See Miller v. Greene, 104 So.2d 457 (Fla.1958) (defendant should be given opportunity to amend counterclaim prior to dismissal with prejudice regardless of whether defendant moved to amend); Unitech Corp. v. Atlantic Nat. Bank of Miami, 472 So.2d 817 (Fla. 3d DCA 1985) (dismissal with prejudice premature where amendment privilege was not abused and no conclusive showing that defective complaint could not be cured).

Affirmed in part and reversed in part.

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PER CURIAM.

Wackenhut appeals from an order dismissing its counterclaim with prejudice.

We affirm the order of dismissal but hold that the dismissal should have been without prejudice to permit Wackenhut to exercise any rights it may have in a direct action against the real party in interest or against Eastern Airlines in a bankruptcy court. See Miller v. Greene, 104 So.2d 457 (Fla.1958) (defendant should be given opportunity to amend counterclaim prior to dismissal with prejudice regardless of whether defendant moved to amend); Unitech Corp. v. Atlantic Nat. Bank of Miami, 472 So.2d 817 (Fla. 3d DCA 1985) (dismissal with prejudice premature where amendment privilege was not abused and no conclusive showing that defective complaint could not be cured).

Affirmed in part and reversed in part.

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581 So. 2d 999, 1991 Fla. App. LEXIS 6142, 1991 WL 116855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wackenhut-corp-v-eastern-airlines-inc-fladistctapp-1991.

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